Section 101-615 Ord. 16678; Authorizing Acquisition of Easements RE: Construction of the Smith Drive Improvement Project, from Windermere Drive to the West Boundary of Stoneridge Estates, Plat 3


Ordinance No.            16678              Council Bill No.           B 376-00            

AN ORDINANCE

declaring the need to acquire easements necessary to construct the Smith Drive Improvement Project from Windermere Drive to the west boundary of Stoneridge Estates, Plat 3; authorizing acquisition by negotiation or, if necessary, by condemnation; authorizing the City Manager to obtain and execute all instruments necessary for acquisition of such land; and fixing the time when this ordinance shall become effective.

    WHEREAS, the Constitution and Statutes of the State of Missouri and the Home Rule Charter for the City of Columbia, Missouri, authorize the City Council to exercise the power of eminent domain, within or without the City, and among other things, to acquire, and maintain any property, real or personal within or without the City for all public uses or purposes, and to acquire, receive and hold any estate or interest in any such property; and

    WHEREAS, the Council deems it necessary for the welfare and improvement of the City and in the public interest that certain private property be acquired by negotiation or by condemnation for public improvement.

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION l.  The City Council hereby declares the need to acquire land for temporary construction easements (which shall include the right to permanently alter the grade) for the purpose of constructing the Smith Drive Improvement Project from Windermere Drive to Stoneridge Estates, Plat 3 described as follows:

<LOT 101 STONERIDGE ESTATES PLAT 1
OWNER:    JOHN F. TAYLOR AND JULIA A. TAYLOR, H/W

A STRIP OF LAND TWENTY (20 ) FEET WIDE ACROSS THE SOUTH SIDE OF LOT 101, STONERIDGE ESTATES PLAT 1, RECORDED IN PLAT BOOK 32, PAGE 21 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE SOUTH TWENTY (20 ) FEET OF LOT 101, STONERIDGE ESTATES PLAT 1, CONTAINING 4020 SQUARE FEET.

<LOT 102 STONERIDGE ESTATES PLAT 1
OWNER:    HOMER M. ADKINS

A STRIP OF LAND THIRTY (30) FEET WIDE ACROSS THE SOUTH SIDE OF LOT 102, STONERIDGE ESTATES PLAT 1, RECORDED IN PLAT BOOK 32, PAGE 21 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE SOUTH THIRTY (30) FEET OF LOT 102, STONERIDGE ESTATES PLAT 1, CONTAINING 5,615 SQUARE FEET.

<LOT 111 THE HAMLET PLAT NO. 7
OWNER:    GARTH T. HANTKE AND TRICIA A. HANTKE

A STRIP OF LAND FIFTEEN (15) FEET WIDE LOCATED IN NORTH PART OF LOT 111, THE HAMLET PLAT NO. 7, RECORDED IN PLAT BOOK 33, PAGE 17 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE NORTH FIFTEEN (15) FEET OF LOT 111, THE HAMLET PLAT NO. 7, CONTAINING 3240 SQUARE FEET.

<LOT 112 THE HAMLET PLAT NO. 7
OWNER:    STEVE HERIGON CONSTRUCTION, INC.

A STRIP OF LAND TEN (10) FEET WIDE LOCATED IN NORTH PART OF LOT 112, THE HAMLET PLAT NO. 7, RECORDED IN PLAT BOOK 33, PAGE 17 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE NORTH TEN (10) FEET OF LOT 112, THE HAMLET PLAT NO. 7, CONTAINING 805 SQUARE FEET.

<LOT 113 THE HAMLET PLAT NO. 7
OWNER:    CRAIG E. LINCOLN AND CHRISTINE E. LINCOLN, H/W

A STRIP OF LAND FIFTEEN (15) FEET WIDE LOCATED IN NORTH PART OF LOT 113, THE HAMLET PLAT NO. 7, RECORDED IN PLAT BOOK 33, PAGE 17 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF LOT 113, THE HAMLET PLAT NO. 7; THENCE WITH THE NORTH LINE THEREOF, S84E52'25"E, 65.00 FEET; THENCE 47.12 FEET ALONG A 30.00-FOOT RADIUS CURVE TO THE RIGHT TO THE WEST RIGHT-OF-WAY LINE OF SOMERSET DRIVE; THENCE WITH SAID RIGHT-OF-WAY, S5E07'35"W, 14.14 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, N39E52'25"W, 48.28 FEET; THENCE N84E52'25"W, 60.85 FEET TO THE WEST LINE OF SAID LOT 113; THENCE N5E07'35"E, 10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1340 SQUARE FEET.

<LOT 114 THE HAMLET PLAT NO. 7
OWNER:    STEVE HERIGON CONSTRUCTION, INC.

A STRIP OF LAND FIFTEEN (15) FEET WIDE LOCATED IN NORTH PART OF LOT 114, THE HAMLET PLAT NO. 7, RECORDED IN PLAT BOOK 33, PAGE 17 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE NORTH FIFTEEN (15) FEET OF LOT 114, THE HAMLET PLAT NO. 7, CONTAINING 1250 SQUARE FEET.

<LOT 115 THE HAMLET PLAT NO. 7
OWNER:    CRAIG W. CALDWELL AND ANN M. CALDWELL, H/W

A STRIP OF LAND FIFTEEN (15) FEET WIDE LOCATED IN NORTH PART OF LOT 115, THE HAMLET PLAT NO. 7, RECORDED IN PLAT BOOK 33, PAGE 17 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE NORTH FIFTEEN (15) FEET OF LOT 115, THE HAMLET PLAT NO. 7, CONTAINING 1200 SQUARE FEET.

<LOT 116 THE HAMLET PLAT NO. 7
OWNER:    CHRISTOPHER REYNOLDS AND KAREN REYNOLDS, H/W

A STRIP OF LAND FIFTEEN (15) FEET WIDE LOCATED IN NORTH PART OF LOT 116, THE HAMLET PLAT NO. 7, RECORDED IN PLAT BOOK 33, PAGE 17 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE NORTH FIFTEEN (15) FEET OF LOT 116, THE HAMLET PLAT NO. 7, CONTAINING 1445 SQUARE FEET.

<LOT 117 THE HAMLET PLAT NO. 7
OWNER:    JASON M. SCHRUMPF AND CATHERINE S. SCHRUMPF, H/W

A STRIP OF LAND FIFTEEN (15) FEET WIDE LOCATED IN NORTH PART OF LOT 117, THE HAMLET PLAT NO. 7, RECORDED IN PLAT BOOK 33, PAGE 17 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE NORTH FIFTEEN (15) FEET OF LOT 117, THE HAMLET PLAT NO. 7, CONTAINING 1575 SQUARE FEET.

<LOT 118 THE HAMLET PLAT NO. 7
OWNER:    JOHN D. KLEIN, II AND JULIE E. KLEIN, H/W

A STRIP OF LAND TEN (10) FEET WIDE LOCATED IN NORTH PART OF LOT 118, THE HAMLET PLAT NO. 7, RECORDED IN PLAT BOOK 33, PAGE 17 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE NORTH TEN (10) FEET OF LOT 118, THE HAMLET PLAT NO. 7, CONTAINING 1165 SQUARE FEET.

<LOT 119 THE HAMLET PLAT NO. 7
OWNER:    JOHN R. SWANSON, III AND RACHELLE A. SWANSON, H/W

A STRIP OF LAND TEN (10) FEET WIDE LOCATED IN NORTH PART OF LOT 119, THE HAMLET PLAT NO. 7, RECORDED IN PLAT BOOK 33, PAGE 17 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE NORTH TEN (10) FEET OF LOT 119, THE HAMLET PLAT NO. 7, CONTAINING 1345 SQUARE FEET.

<LOT 120 THE HAMLET PLAT 3
OWNER:    TINA MARIE WRIGHT AND DAVID L. TEEL, TWO SINGLE PEOPLE

A TRIANGULAR TRACT OF LAND LOCATED IN NORTH PART OF LOT 120, THE HAMLET PLAT NO. 7, RECORDED IN PLAT BOOK 33, PAGE 17 OF THE BOONE COUNTY, MISSOURI RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 120; THENCE WITH THE EAST LINE THEREOF, S5E07'35"W, 10.00 FEET; THENCE LEAVING SAID EAST LINE, N84E52'25"W, 7.03 FEET TO THE NORTHWEST LINE THEREOF; THENCE WITH SAID NORTHWEST LINE, N40E13'10"E, 12.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 35 SQUARE FEET.

    SECTION 2.  The City Manager is authorized to acquire the land described in Section l by negotiation.

    SECTION 3.  The City Manager is authorized to obtain, execute and record all licenses, easements, deeds and other instruments necessary to acquire the land described in Section 1.
                        
    SECTION 4.  If the City cannot agree with the owners, or those claiming an interest in the land described in Section 1, on the proper compensation to be paid for such land, or if the owner is incapable of contracting, is unknown, or cannot be found, or is a nonresident of the State of Missouri, the City Counselor is authorized to petition the Circuit Court of Boone County, Missouri, to acquire the land described in Section 1 by condemnation.

    SECTION 5.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 20th day of November, 2000.